Date: 11-08-2012

Case Style: Michelle Wren v. Adam Shatswell

Case Number: CJ-2012-5418

Judge: Thomas E. Prince

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Robert Ylla

Defendant's Attorney: Brad Roberson, Arron P. Budd and B. Chance Holland

Description: Plaintiff, Michelle Wren, Individually, and as Mother and Next Pñend of O.K. a minor (“Plaintiff’), fór he’r Petition against the Defendant Adam Shatawell (i)cfendauti, alleges and states as follows:

1. Defendant Is a resident of Okiuboina County, State of Okiahona.

2. On or around August 2,2011, OX, a minot, was injured in an automobile accident that occurred in Dcl City, Ol4aboma County, State of Oklahoma,

3. As result of said accident, Plaintiff, Michefle Wren, Individually, and as Mother and Next Friend of OJL, a minor, has Incurred medical bills in connection with OJVs Injuries.

4. Pursuant to 120.5. 141, venue is proper in Oklahoma County.

5. Pursuant to 12 0,5. § 2004(F), this court has proper subject matter jurisdiction.

6, The injuries and damagcs complained of, above, were caused and)or are attributable to tho alleged negligence of Defeadgut, Adam Shatswell.

WHEREFORE, the Plaintiff, Michelle Wren, Individually, ad as Mothzr and Next Friend of 034.. a minor, demands recovezy against the Defendant; Adam Shazswell, in the amount of $11,500.00.

Defendant answered as follows:

Defendant, Adam Shatswell (“Defendant”), for his Answer to the Petition of Plaintiff, Michelle Wren, Individually, and as Mother and Next Friend of O.H., a minor (“Plaintiff’), alleges and states as follows:

1. Defendant admits the allegations and statements contained within numerical paragraph 1 of Plaintiffs Petition.

2. Defendant admits the allegations and statements contained within numerical paragraph 2 of Plaintiff’s Petition.

3. Defendant admits the allegations and statements contained within numerical paragraph 3 of Plaintiffs Petition.

4. Defendant admits the allegations and statements contained within numerical paragraph 4 of Plaintiffs Petition.

5. Defendant admits the allegations and statements contained within numerical paragraph 5 of Plaintiffs Petition.

6. Defendant denies the allegations and statements contained within numerical paragraph 6 of Plaintiffs Petition.

7. Defendant admits the remaining allegations and statements contained within Plaintiffs Petition, including the Wherefore paragraph.

Outcome: NOW on this day of October 2012, this cause comes on before The Honorable Thomas E. Prince, the undersigned Judge of the District Court in and for Oklahoma County, State of Oklahoma, pursuant to agreement of all parties. Plaintiff, Michelle Wren, Individually, and as Mother and Next Friend of O.H., a minor, (“Plaintiff’), appearing by and through her counsel of record, Robert Ylla of WEST & ASSOCIATES, and Defendant, Adam Shatswell (“Defendant”), appearing through his counsel of record, B. Chance Holland of PIGNATO, COOPER, KOLKER & ROBERSON, P.C.

It was thereupon stated to the Court by the parties that a Settlement Agreement has been reached, by which Progressive Direct Insurance Company has agreed to pay to Plaintiff, Michelle Wren, Individually, and as Mother and Next Friend of O.H., a minor, the sum of Eleven Thousand Five Hundred Dollars ($11,500.00), in exchange for the release and discharge of Defendant, Adam Shatswell, from any and all claims that, Plaintiff, Michelle Wren, Individually, and as Mother and Next Friend of O.H., a minor, might have arising from the accident giving rise to this lawsuit.

It was further stated to the Court by all parties that the settlement agreement is fair and reasonable, is freely and voluntarily entered into by all concerned, and that all parties wish to have the Court approve said settlement.

Whereupon, the Court proceeded to hear the evidence ofwitnesses. The Court finds that the settlement is in the best interest of the minors and should be approved.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that the Plaintiff, Michelle Wren, Individually, and as Mother and Next Friend of 0.H., a minor, is hereby awarded the total sum of Eleven Thousand Five Hundred Dollars ($11,500.00), inclusive of all costs, interest and attorneys fees, if any. Settlement is in the best interest of the minor, O.H., and should be approved. The funds should be allocated as follows:

1. $2,000 payable to WEST & ASSOCIATES;

2. $6013 payable to Advanced Back Care Chiropractic;

3. $792 payable to Michelle Wren, Individually for mileage; and,

4. $500 payable to Michelle Wren, Individually, and as Mother and Next Friend of 0.H., a Minor.

5. $175 payable to Senna Dean, M.D.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED, pursuant to 120. S. § 83, that the settlement proceeds of the minor, 0.H., in the amount of $2000 , shall be deposited in one or more federally-insured banking, credit union or savings and loan institutions, or invested by a trust department of a banking institution, approved by the Court, and that these funds not be withdrawn without order of the Court authorizing future withdrawals, unless and until the minor child reaches the age of majority. The parties have informed the Court that the minor 0.H.’s proceeds will be deposited at the following financial institution: Bank First, which the Court finds reasonable. By way of separate order, Plaintiff must provide proof of deposit in said institution within twenty (20) days.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this case be transferred to the Probate Division of the Oklahoma County District Court.

Plaintiff's Experts:

Defendant's Experts:

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